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Bare acts > Telecom Regulatory Authority of India (Contributory Provident Fund) Rules, 2003 > Rule 25
 
  


 

25. Conditions for withdrawal.- (1) Any sum withdrawn by a subscriber at any one time for one or more of the purposes specified in rule 24 from the amount standing to his credit in the Fund shall not ordinarily exceed one-half of the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund or six months pay, whichever is less. The sanctioning authority may, however, sanction the withdrawal of an amount in excess of this limit up to ¾th in the case of withdrawal under sub-clause (A) and 90 per cent in the case of withdrawal under clause (B) of sub-rule (1) of rule 24 of the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund having due regard to:-

(i) the object for which the withdrawal is being made;

(ii) the status of the subscriber; and

(iii) the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund:

Provided that in no case the maximum amount of withdrawal for purposes specified in clause (B) of sub-rule (1) of rule 24 shall exceed the maximum limit prescribed from time to time under rules 2 (a) and 3(b) of the Scheme of the Ministry of Urban Development and Poverty Alleviation for the grant of advances for house-building purposes:

Provided further that in the case of a subscriber who has availed himself of an advance under the Scheme of the Ministry of Urban Development and Poverty Alleviation for the grant of advances for house-building purposes, or has been allowed any assistance in this regard from any other Government source, the sum withdrawn under this sub-rule together with the amount of advance taken under the aforesaid Scheme or assistance taken from any other Government source shall not exceed the maximum limit prescribed from time to time under rule2 (a) and 3 (b) of the aforesaid Scheme:

Provided also that the withdrawal admissible under clause (C) of sub-rule (1) of rule 24 shall not exceed 90 per cent of the amount of subscription and interest thereon standing to the credit of the subscriber in the fund.

Note 1.- A withdrawal sanctioned to a subscriber under sub-clause (a) of clause (A) of sub-rule(1) of rule24, may be drawn in installments, the number of which shall not exceed four in a period of twelve calendar months counted from the date of sanction.

Note 2.- In cases where a subscriber has to pay in installment for a site or a house or a flat purchased, or a house or flat constructed through the Delhi Development Authority or a State Housing Board or a House Building Cooperative Society, he shall be permitted to make a withdrawal as and when he is called upon to make a payment in any installment. Every such payment shall be treated as a payment for a separate purpose for the purposes of sub-rule(1) of rule25.

(2) A subscriber has been permitted to withdraw money from the Fund under rule 24 shall satisfy the sanctioning authority within a reasonable period as may be specified by that authority that the money has been utilised for the purpose for which it was drawn, and if fails to do so, the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid on one lump sum by the subscriber to the Fund and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either in a lump sum or in such number of monthly installments, as may be determined by the Authority:

Provided that, before repayment of a withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity to explain in writing and within fifteen days of the receipt of communication why the repayment shall not be enforced; and if the sanctioning authority is not satisfied with the explanation or no explanation is submitted by the subscriber within the said period of fifteen days, the sanctioning authority shall enforce the repayment in the manner prescribed in this sub-rule.

(3) (a) A subscriber who has been permitted under sub-clause (a), sub-clause(b) or sub-clause(c) of clause (B) of sub-rule (1) of rule 24 to withdraw money from the amount of subscription together with interest thereon standing to his credit in the Fund, shall not part with the possession of the house built or acquired or house-site purchased with the money so withdrawn, whether by way of sale, mortgage, gift, exchange or otherwise, without the previous permission of the Authority:

Provided that such permission shall not be necessary for,-

(i) the house or house-site being leased for any term not exceeding three years, or

(ii) its being mortgaged in favour of a Housing Board, Nationalised Banks, the Life Insurance Corporation or any other Corporation owned or controlled by the Central Government which advances loans for the construction of a new house or for making additions or alterations to an existing house.

(b) The subscriber shall submit a declaration not later than the 31st day of December of every year as to whether the house or the house-site, as the case may be, continues to be in his possession or has been mortgaged, otherwise transferred or let out as aforesaid and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the original sale, mortgage or lease deed and also the documents on which his title to the property is based.

(c) If at any time before his retirement, the subscriber parts with the possession of the house or house-site without obtaining the previous permission of the Authority, he shall forthwith repay the sum so withdrawn by him in a lump sum to the Fund, and in default of such repayment, the sanctioning authority shall, after giving the subscriber a reasonable opportunity of making a representation in the matter, cause the said sum to be recovered from the emoluments of the subscriber either in lump sum or in such number of monthly installments, as may be determined by it.

(4) An advance and final withdrawal for the same purpose shall not to be sanctioned together.

Explanation.- For the purpose of these sub-rule “betrothal ceremony” and “marriage” shall be treated as separate for the purpose of this rule and withdrawal is permissible separately for both the occasions.

(5) Withdrawal shall not be sanctioned for more than one house at the same or another place.

(6) (i) In case of withdrawal for upkeep of house, etc., withdrawal can be admitted subject to the condition that the subscriber submits a certificate to the effect that the items of work to be carried out by him do not require the approval of local or municipal authority; and

(ii) Withdrawal is permissible in cases where the ancestral house has not been transferred in the name of the subscriber subject to production of proof by the subscriber that he or she is one of the inheritors or nominees to receive the share of the property;

(7) Courses of study for which advances/withdrawals may be given under rule 21 or rule 24 shall be specified by the Authority. The Authority shall maintain a list of such courses and review it from time to time, at its discretion.

 

 

 

 

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